Amended in Senate April 2, 2014

Senate BillNo. 1110


Introduced by Senator Jackson

February 19, 2014


An act tobegin delete add Section 977.5 toend deletebegin insert amend Section 858 ofend insert the Penal Code, relating to criminal procedure.

LEGISLATIVE COUNSEL’S DIGEST

SB 1110, as amended, Jackson. Arraignment: military and veteran status: forms.

begin insert

Existing law requires, when a defendant is brought before a magistrate upon arrest, on a charge of having committed a public offense, the magistrate to immediately inform the defendant of the charge against him or her and the defendant’s right to counsel at every stage of the proceedings. Under existing law, if it appears that the defendant may be a minor, the magistrate is required to ascertain if that is the case and, if it is and the defendant meets specified requirements, to immediately notify the parent or guardian of the minor of the arrest or to appoint counsel to the minor.

end insert
begin insert

This bill would require the magistrate to enquire as to the active duty or veteran status of the defendant and require specified actions if the defendant acknowledges military service, including filing Judicial Counsel Form MIL-100 and transmitting the form to the county veterans services officer for confirmation of military service. The bill would provide that a defendant may decline to provide military service information without penalty. The bill would also make technical changes.

end insert
begin delete

Existing law governs criminal proceedings, including arraignment of the defendant. Existing law also provides alternative sentencing procedures, under specified circumstances, if a court makes a determination prior to sentencing that a defendant who has been convicted of a criminal offense was, or currently is, a member of the United States military and may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of that service, as specified.

end delete
begin delete

Existing law authorizes the board of supervisors of each county to appoint a county veterans service officer to perform veteran-related services, as specified.

end delete
begin delete

This bill would require a court to order that a form identifying the military and veteran status of the defendant be completed whenever a defendant is arraigned. The bill would require that the form be a part of the court file and acknowledged on the record by the court and the defense counsel, if any. The bill would authorize the court to provide a copy of the form free of charge to the county veterans service officer and to the United States Department of Veterans Affairs for verification of the information provided on the form, if necessary. The bill would require the Judicial Council to develop and adopt the form.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 858 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
2read:end insert

3

858.  

begin insert(a)end insertbegin insertend insert When the defendantbegin delete is brought before the magistrate
4upon an arrest, either with or without warrant,end delete
begin insert first appears for
5arraignmentend insert
on a charge of having committed a public offense,
6the magistratebegin delete mustend deletebegin insert shallend insert immediately informbegin delete himend deletebegin insert the defendantend insert
7 of the charge against himbegin insert or herend insert, and of hisbegin insert or herend insert right to the aid
8of counsel in every stage of the proceedings.begin delete Ifend delete

9begin insert(b)end insertbegin insertend insertbegin insertIfend insert it appears that the defendant may be a minor, the
10magistrate shall ascertain whetherbegin delete suchend deletebegin insert thatend insert is the case, and if the
11magistrate concludes that it is probable that the defendant is a
12minor, and unless the defendant is a member of the armed forces
13of the United States and the offense charged is a misdemeanor, he
14begin insert or sheend insert shall immediately either notify the parent or guardian of
15thebegin delete minor, by telephone, telegram, or messenger,end deletebegin insert minorend insert of the
16begin delete arrest,end deletebegin insert arrestend insert or appoint counsel to represent the minor.

begin insert

P3    1(c) The magistrate shall enquire as to the defendant’s active
2duty or veteran status in the United States military. The defendant
3may decline to provide that information without penalty. If the
4defendant acknowledges military service, Judicial Counsel Form
5MIL-100 shall be filed by the defendant and served on the
6prosecuting attorney and defense counsel may be used to determine
7eligibility for services pursuant to Section 1170.9. A copy of the
8form shall be transmitted to the county veterans services officer
9for confirmation of military service.

end insert
begin delete10

SECTION 1.  

Section 977.5 is added to the Penal Code, to read:

11

977.5.  

(a) Whenever a defendant is arraigned, the court shall
12order that a form identifying the military and veteran status of the
13defendant be completed. The completed form shall be a part of the
14court file and shall be acknowledged on the record by the court
15and the defense counsel, if any. The court may provide a copy of
16the form free of charge to the county veterans service officer and
17to the United States Department of Veterans Affairs for verification
18of the information provided on the form, if necessary.

19(b) The Judicial Council shall develop and adopt the form
20described in subdivision (a) for purposes of this section.

end delete


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